Velvet
by Mbrock. 04/28/24 09:16 PM
|
|
|
|
|
|
|
|
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
|
28
|
29
|
30
|
|
|
|
|
|
|
78 registered members (AU coonhunter, BCLC, CatHeadBiscuit, Gut Pile 32, 007, UARandy3, rwh1, sappsman, Captain Howdy, Joe4majors, Blackwater_Reb, robinhedd, Narrow Gap, TDog93, jeffhhub, handihunter, rst87, rblaker, hue, jake5050, Woody1, Droptine-13, JLMiller, eskimo270, CrimsonWSM, Okatuppa, Cutem, RCHRR, slanddeerhunter, 4Him146, Whild_Bill, outdoorguy88, Jmkiper, CNC, aucountry, BuckRidge17, Turberville, BearBranch, David Ellis, BradB, furnfeather, oakachoy, RSF, Longtine, HollerHunter, Jotjackson, Dixiepatriot, Powers98, Rooster600, canine933, fishunt1001, Beulahboy, metalmuncher, joe sixpack, Chaser357, jwalker77, M48scout, Elliott, TexasHuntress, Semo, YellaLineHunter, phinfan, JD_Bowhunter1976, Tigger85, jdfarm23, JRigs10, mossyback, doublefistful, BamaFan64, 9 invisible),
903
guests, and 0
spiders. |
|
Key:
Admin,
Global Mod,
Mod
|
|
|
Re: Anybody have a similar experience ??
[Re: eskimo270]
#2618956
10/25/18 04:16 PM
10/25/18 04:16 PM
|
Joined: Aug 2005
Posts: 8,363
Montgomery
WmHunter
14 point
|
14 point
Joined: Aug 2005
Posts: 8,363
Montgomery
|
Now that the matter is final, I am at liberty to comment. I was precluded by the cannon of judicial ethics from commenting until the matter was concluded. As most of you know I am the district judge in Lowndes County. I heard this matter at the district court level and found all three defendants guilty of hunting at night, shooting from a public road and hunting by aid of a motor vehicle. At the trial, the state presented testimony from the retired game warden and the sheriffs deputies that responded to the call. Counsel for the defendants cross examined the witnesses for the state and attacked the former wardens ability to issue the warrants. He testified that he did not sign the warrants in his capacity as an officer but as someone who witnessed a misdemeanor committed in his presence, which is legally correct. After the conclusion of the states case in chief, the defendants had an opportunity to present their case, but instead of presenting any testimony they rested. The defendants did not testify or present any evidence in their defense. The state made a prima facie claim meeting all the elements of each of the charges proving their case beyond a reasonable doubt so I found all three defendants guilty of all three charges and assessed the statutorily prescribed fines. The case was appealed to circuit court where the defendants waived their right to a jury trail and tried the case as a bench trial before the circuit judge. She convicted them as well. The case was the appealed to the Alabama Court of Criminal Appeals which affirmed the convictions. The Supreme Court has now reversed the convictions and rendered the matter meaning that it is final.
I will say that there is still no doubt in my mind that one of the boys fired a rifle from that truck. Had the one who fired the shot accepted responsibility, I would have dismissed all charges against the other two defendants and allowed him to plead to shooting from a public road and dismissed the other two charges. He would have had a $1000 fine and costs to pay and that would have been the end of it. why not just charge all 3 with shooting from the road instead of all this : Code of Alabama 9-11-235. Hunting after dark � Code of Alabama 9-11-257 Hunting from a public road � Code of Alabama 220-2-11. Hunting fom a vehicle **************** "He testified that he did not sign the warrants in his capacity as an officer but as someone who witnessed a misdemeanor committed in his presence, which is legally correct" Quote of the district court judge above - - - pure BS as the retired game warden testified that he DID NOT SEE ANYONE DO ANYTHING.
Last edited by WmHunter; 10/25/18 04:23 PM.
"The Tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson
" Chuck Sykes is a dictator control freak like Vladimir Putin " WmHunter
|
|
|
Re: Anybody have a similar experience ??
[Re: JWC]
#2618959
10/25/18 04:18 PM
10/25/18 04:18 PM
|
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
jawbone
Freak of Nature
|
Freak of Nature
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
|
There is no legal precedent for finding someone guilty when there is Reasonable Doubt much less the absence of Probable Cause. In fact it is pretty obvious that the legal precedent, and law, is just the opposite.
Lord, please help us get our nation straightened out.
|
|
|
Re: Anybody have a similar experience ??
[Re: jawbone]
#2618962
10/25/18 04:24 PM
10/25/18 04:24 PM
|
Joined: Aug 2005
Posts: 8,363
Montgomery
WmHunter
14 point
|
14 point
Joined: Aug 2005
Posts: 8,363
Montgomery
|
There is no legal precedent for finding someone guilty when there is reasonable doubt much less the absence of Probable Cause. In fact it is pretty obvious that the legal precedent, and law, is just the opposite. yes indeed.
"The Tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson
" Chuck Sykes is a dictator control freak like Vladimir Putin " WmHunter
|
|
|
Re: Anybody have a similar experience ??
[Re: WmHunter]
#2618976
10/25/18 04:48 PM
10/25/18 04:48 PM
|
Joined: Jul 2005
Posts: 19,088
Chelsea, AL
straycat
Old Mossy Horns
|
Old Mossy Horns
Joined: Jul 2005
Posts: 19,088
Chelsea, AL
|
[Cynical] "The reality is the law/precedent SUCKED. He had to follow precedent."]
Bs. He did NOT "have to follow precedent" - either for purposes of ruling that the prosecution made out a prima facie case
of the crimes charged, and certainly not on the subject of reasonable doubt and not guilty vs. guilty.
He came on here and admitted/stated that he essentially knew this had nothing to do with night hunting and AT MOST one of the young fellows peeled
a shot off at the stop sign.
A smart and wise judge will simply ignore totally bs "precedent" and do the right thing for the sake of fundamental justice and to protect the Constitution and people's constitutional rights. It could have been handled totally differently from the beginning, and the prosecutor on the case bears some responsibility on this also. Correct. The prosecutor brought a case that had no compelling evidence to back any of it up. Former GW heard a noise and assumed it came from the boys vehicle 140 yards away, past some trees, as they were at a stop sign waiting for traffic to cross. No physical evidence the gun in the truck was ever fired. No evidence the boys were attempting to hunt at night. No evidence for anything other than the hearing of a noise that could have been gunfire. Former GW pretended to be a current LEO and blocked the boys in so they could not leave. The deputies that arrived after the call by the former GW didn't think it was anything either, by the evidence that they let the boys go without any tickets or violations and gave them back their rifle. The judge did have a duty to use the law...very much so. If he would have, the case would have been thrown out early because there was no prima fascia evidence. It's very obvious that the prosecutor's and judge's definition of evidence in this case was off base. But when they put forth their case as actually meeting the prima fascia evidence standard, then the case law precedent could be used to make their case--sure. Distinction on the word could. District Court and Circuit court judges here had ample opportunity to make the correct rulings based on what was presented. They didn't. They were collecting fines on teenagers never thinking it would run all the way to the AL Supreme Court.
"The grass withers, the flower fades, But the word of our God stands forever." Isaiah 40:8
"Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt.� Samuel Adams
|
|
|
Re: Anybody have a similar experience ??
[Re: JWC]
#2618990
10/25/18 05:06 PM
10/25/18 05:06 PM
|
Joined: Nov 2013
Posts: 10,352
coffee county
goodman_hunter
Booner
|
Booner
Joined: Nov 2013
Posts: 10,352
coffee county
|
The old punkazz gw better be glad it was some teenagers. If he would of rolled up on 3 grown men. He would of got more than he could handle. I know when I was in my mid 20's he would of had a bad day if he would of tried that mess with me and my buddies.
For without victory, there is no survival
|
|
|
Re: Anybody have a similar experience ??
[Re: 257wbymag]
#2619000
10/25/18 05:19 PM
10/25/18 05:19 PM
|
Joined: Nov 2016
Posts: 805
Lower AL
Cynical
6 point
|
6 point
Joined: Nov 2016
Posts: 805
Lower AL
|
A smart and wise judge would've simply not posted jackshit about it on Aldeer No one can argue that point!
|
|
|
Re: Anybody have a similar experience ??
[Re: JWC]
#2619009
10/25/18 05:41 PM
10/25/18 05:41 PM
|
Joined: Mar 2013
Posts: 5,909
alex city
oakachoy
12 point
|
12 point
Joined: Mar 2013
Posts: 5,909
alex city
|
It's really simple. Those boys were guilty when Crusty filled out the warrant. Trusty is face book friends with both Judges.. Johnson and Lovell.
Miss JWC is the only shining light in this whole thing for fighting it up the system where no one knew Crusty.
How many people has Crusty charged, convicted over the years should be the question.
WM Hunter "Trump literally sacrificed himself, his family and all of his businesses for this country.
He literally is a true American hero. And True American Patriot - warts and all."
|
|
|
Re: Anybody have a similar experience ??
[Re: Brent100]
#2619061
10/25/18 06:40 PM
10/25/18 06:40 PM
|
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
jawbone
Freak of Nature
|
Freak of Nature
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
|
Would Doekiller or Jawbone sum this up for us. Sum up what exactly? The three kids were arrested based on a Probable Cause warrant when, in my opinion and the opinion of most of us, there was no Probable Cause. The judge who was an Aldeer member then found them guilty beyond a Reasonable Doubt, which is a more stringent standard than Probable Cause. One of the boy's mom, who was also an Aldeer member appealed it to District Court where that judge also found them guilty despite the lack of evidence. They then appealed the case to the Alabama Supreme Court, where the convictions were tossed out. The transcripts of the court proceedings were posted so everybody that read them could see there was a lack of evidence. The Judge tried to justify his ruling on here by basically saying he has known the ex-game warden who signed the warrants and knows he wouldn't lie about it basically trying to justify the conviction without any evidence as I recall. The link to the transcripts should be in the original thread and if you really want to know about it you should read it yourself instead of relying on my memory.
Lord, please help us get our nation straightened out.
|
|
|
Re: Anybody have a similar experience ??
[Re: JWC]
#2619142
10/25/18 08:15 PM
10/25/18 08:15 PM
|
Joined: Nov 2013
Posts: 10,352
coffee county
goodman_hunter
Booner
|
Booner
Joined: Nov 2013
Posts: 10,352
coffee county
|
I haven't reread the thread but if memory serves me, they pled out to youthful offender cause the judge told them if they didn't he was gonna find them guilty anyways and it was there best bet. Then he still kinda put the screws to them. But I may he misremembering.
For without victory, there is no survival
|
|
|
Re: Anybody have a similar experience ??
[Re: JWC]
#2619217
10/25/18 09:30 PM
10/25/18 09:30 PM
|
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
jawbone
Freak of Nature
|
Freak of Nature
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
|
Gentlemen, I got an email from our ex member 49er who is following the updated thread and had an interesting observation of the Lowndes County judge. I copied and pasted the email verbatim in tribute to 49er. I also know George Elijah. His late father was one of the founders of the Southern Sportsman Lodge in Lowndes County. I'm sure the current owners of the lodge aren't happy about this. Since there is only one District Judge, August65 has to be the one in this case too. The email follows: I noticed that the thread I was participating in when I got banned from Skinny's forum has been resurrected. You may be interested to know that Lowndes County Dist. Judge Adrian Johnson is likely the Lowndes County judge involved and mentioned in more recent cases that were discussed in the Alabama Enforcement Officers Association magazine. Read (and share if you choose) the article entitled "Canned Hunts are Illegal in Alabama" on pages 25-26 at the following link: https://drive.google.com/file/d/11UbR-VLGjJeoc1nszXgniCg7aNclO7uM/viewThe game wardens involved in the cases were left with a bitter taste in their mouths due to the judge's extremely lenient treatment of the violators. The pitiful part of this is that both Circuit Judge Terri Lovell and District Judge Adrian Johnson are up for re-election and both are unopposed. Maybe we can make some changes on the Criminal Court of Appeals if we find we have a better candidate to vote for. Good hunting, Eddie
Lord, please help us get our nation straightened out.
|
|
|
Re: Anybody have a similar experience ??
[Re: JWC]
#2619220
10/25/18 09:37 PM
10/25/18 09:37 PM
|
Joined: Jan 2011
Posts: 38,489
N. Bama
257wbymag
Boo Boo Head
|
Boo Boo Head
Joined: Jan 2011
Posts: 38,489
N. Bama
|
Hahahaha. I knew him too. George and "the judge". Not surprised at all on either count. Good work 49er
Quietly killing turkeys where youre not!!!
My tank full of give a fraks been runnin on empty
I'm the paterfamilias
|
|
|
Re: Anybody have a similar experience ??
[Re: jhardy]
#2619228
10/25/18 09:44 PM
10/25/18 09:44 PM
|
Joined: Sep 2003
Posts: 12,861
Montgomery / Luverne
crenshawco
Booner
|
Booner
Joined: Sep 2003
Posts: 12,861
Montgomery / Luverne
|
I miss Eddie keeping everybody straight. Him not being around didn’t change the fact that dcnr isn’t officially represented here. X2 I miss ol 49er too. He was annoying at times but he knew his chit (even if he copy and pasted it).
|
|
|
Re: Anybody have a similar experience ??
[Re: 257wbymag]
#2619229
10/25/18 09:44 PM
10/25/18 09:44 PM
|
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
jawbone
Freak of Nature
|
Freak of Nature
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
|
Hahahaha. I knew him too. George and "the judge". Not surprised at all on either count. Good work 49er I thought I've pretty much done it all as far as deer hunting goes mostly because of the fine hunting in Dallas County and not my skill, but I've never killed a dead deer. I guess that makes for a short tracking job. Yes, thumbs up to 49er for finding this gem.
Lord, please help us get our nation straightened out.
|
|
|
Re: Anybody have a similar experience ??
[Re: JWC]
#2619266
10/25/18 11:49 PM
10/25/18 11:49 PM
|
Joined: Jan 2013
Posts: 19,669
Pelham
Ben2
Old Mossy Horns
|
Old Mossy Horns
Joined: Jan 2013
Posts: 19,669
Pelham
|
|
|
|
Re: Anybody have a similar experience ??
[Re: JWC]
#2619272
10/26/18 12:27 AM
10/26/18 12:27 AM
|
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
jawbone
Freak of Nature
|
Freak of Nature
Joined: Jan 2001
Posts: 25,778
Fayetteville TN Via Selma
|
If y'all haven't read what Eddie sent me you need to. It is both sad and funny, but most of all unbelievable that several people conspired to do what they did. Is there any possibility of breaking Eddie out of jail? The find on this one should make up for past transgressions. I tell him all the time, he has mad research skills and should do legal research for a living, turn the findings over to a lawyer and let them interpret what he found.
Lord, please help us get our nation straightened out.
|
|
|
|
